• Press Releases
    • Submit a press release
    • Read All
  • Contact us
Advertise
Bitcoinist.com
No Result
View All Result
  • Bitcoin
    • News
    • Price
    • Businesses
    • Acceptance
    • Technology
    • Investment
    • Regulation
    • Reviews
    • All Bitcoin News
  • Altcoins
    • News
    • Price
    • Ethereum
    • Ripple
    • Litecoin
    • EOS
    • NAGA
    • All Altcoin News
  • Tech
    • Blockchain
    • Security
    • FinTech
    • Price
      • Bitcoin Price
      • Ethereum Price
      • Binance Coin Price
      • Litecoin Price
  • Industry
    • Industry News
    • Press Releases
  • How to
    • Buy gift cards/mobile Top Ups with Cryptos
    • What Is Bitcoin?
    • Best Bitcoin Wallet
    • Bitcoin vs Ethereum
    • Why Use Blockchain Technology?
    • Bitcoin Cash ABC vs. Bitcoin Cash SV
    • How to Buy Cryptocurrency
    • How to do Crypto Gambling
      • Crypto Casinos
        • Ethereum Casinos
        • Solana Casinos
        • LiteCoin Casinos
        • DogeCoin Casinos
        • Live Crypto Casinos
        • New Casinos
        • Instant Withdrawal Casinos
        • Cash App Casinos
        • No KYC Casinos
        • VPN Casinos
        • Offshore Casinos
          • Crypto Casinos IT
          • Crypto Casinos ES
            • All Guides
          • Crypto Casinos JP
          • Crypto Casinos SG
          • Crypto Casinos MY
          • Crypto Casinos KR
          • No GAMSTOP Casinos in UK
          • No Cruks Casinos NL
      • Crypto Betting
        • No ID sportsbooks
    • Play Crypto Games
      • Crypto Poker
      • Crypto Slots
      • Crypto Blackjack
      • Crypto Crash Gambling
        • Aviator Sites
      • Plinko
    • Bitcoin Mining
    • Best Bitcoin Brokers
    • Best Bitcoin Forex Brokers
    • How To Earn Bitcoin
    • What is Facebook Libra?
    • Ripple and XRP: The Complete Guide
  • Events
  • Play Games
Breaking News: FTX Trust Sues Genesis To Recover $1 Billion Allegedly Misappropriated By SBF
  • Bitcoin
    • News
    • Price
    • Businesses
    • Acceptance
    • Technology
    • Investment
    • Regulation
    • Reviews
    • All Bitcoin News
  • Altcoins
    • News
    • Price
    • Ethereum
    • Ripple
    • Litecoin
    • EOS
    • NAGA
    • All Altcoin News
  • Tech
    • Blockchain
    • Security
    • FinTech
    • Price
      • Bitcoin Price
      • Ethereum Price
      • Binance Coin Price
      • Litecoin Price
  • Industry
    • Industry News
    • Press Releases
  • How to
    • Buy gift cards/mobile Top Ups with Cryptos
    • What Is Bitcoin?
    • Best Bitcoin Wallet
    • Bitcoin vs Ethereum
    • Why Use Blockchain Technology?
    • Bitcoin Cash ABC vs. Bitcoin Cash SV
    • How to Buy Cryptocurrency
    • How to do Crypto Gambling
      • Crypto Casinos
        • Ethereum Casinos
        • Solana Casinos
        • LiteCoin Casinos
        • DogeCoin Casinos
        • Live Crypto Casinos
        • New Casinos
        • Instant Withdrawal Casinos
        • Cash App Casinos
        • No KYC Casinos
        • VPN Casinos
        • Offshore Casinos
          • Crypto Casinos IT
          • Crypto Casinos ES
            • All Guides
          • Crypto Casinos JP
          • Crypto Casinos SG
          • Crypto Casinos MY
          • Crypto Casinos KR
          • No GAMSTOP Casinos in UK
          • No Cruks Casinos NL
      • Crypto Betting
        • No ID sportsbooks
    • Play Crypto Games
      • Crypto Poker
      • Crypto Slots
      • Crypto Blackjack
      • Crypto Crash Gambling
        • Aviator Sites
      • Plinko
    • Bitcoin Mining
    • Best Bitcoin Brokers
    • Best Bitcoin Forex Brokers
    • How To Earn Bitcoin
    • What is Facebook Libra?
    • Ripple and XRP: The Complete Guide
  • Events
  • Play Games
Bitcoinist.com
No Result
View All Result
Breaking News: FTX Trust Sues Genesis To Recover $1 Billion Allegedly Misappropriated By SBF
Ripple XRP

Ripple Will Win Vs. SEC If Judge Grasps The Technology: Lawyer

Jake Simmons
by Jake Simmons
2 years ago
·
Posted in Ripple
Trusted Editorial content, reviewed by leading industry experts and seasoned editors. Ad Disclosure

A ruling by the United States Southern District Court of New York in the legal battle between Ripple Labs and the US Securities and Exchange Commission (SEC) is inching closer. And according to an analysis by attorney Jeremy Hogan, who has been following the case with video updates since the beginning, the odds of a Ripple victory are good if Judge Torres understands the technology.

As the attorney notes, however, a Ripple victory is by no means a no-brainer, especially since the case represents the entire crypto industry’s biggest battle against the SEC. “This is a nuanced legal battle on which the future of “crypto” as we know it may hinge,” Hogan states.

The Key Question For A Ripple Win

According to Jeremy Hogan, the decisive factor will be whether Judge Torres understands the decentralized nature of Web 3.0. This will determine whether there was a “contract” between Ripple and the XRP buyers.

The BIG BATTLE between the SEC and CRYPTO (a thread).

A lot of comments re the below thread suggested it's a "no-brainer" and asked, why is it taking the Judge so long?

Not true. This is a nuanced legal battle on which the future of "crypto" as we know it may hinge. https://t.co/wsFfzxkuKb

— Jeremy Hogan (@attorneyjeremy1) April 10, 2023

As the lawyer points out, there must be a “contract” in order to have an “investment contract,” which in turn is an essential element of the Howey test. The SEC argues in a series of briefs that there doesn’t have to be a formal-written agreement.

Howey defines that four facts constitute a security: the (1) investment in money (2) in a common enterprise (3) with the expectation of profit (4). What the SEC is really arguing, according to Hogan, is that items 2, 3 and 4, taken together, displace the need for the elements of a legal contract.

Related Reading: Ripple Lawsuit By SEC Influenced By JP Morgan? FOIA Request Further Delayed

“In other words, Howey doesn’t require a formal contract because the “common enterprise” and “expectation of profits” IS the contract analysis,” writes Hogan, who notes that the SEC has consistently succeeded in previous crypto-related cases because the “post-loss obligation” issue was not raised.

Judge Torres, fortunately for Ripple, has so far not placed too much weight on what her colleagues did in the Telegram and Kik cases. That’s another reason Hogan is optimistic in his legal analysis:

Looking at the SEC’s counterarguments and cases, you can see why lawyers think that Ripple raised this issue with an eye toward obtaining an appellate ruling. I disagree – there is enough in the Ripple briefs for the trial judge to rule in its favor.

Therefore, the decision will hinge on the decentralization issue. The reason the other crypto companies lost, according to the attorney’s analysis, is that the purchase of cryptocurrencies was viewed from a traditional, centralized standpoint.

Related Reading: Ripple Contributes To New Digital Euro Whitepaper By DEA

If Judge Torres understands the technology and therefore the decentralized nature, Ripple will be victorious against the SEC, Hogan says:

The difference in crypto is that it DOES make sense to purchase crypto, because it is decentralized. No one owns the “network. And so it makes sense that someone might purchase XRP as an investment without having a contract with anyone. This is the key differentiator.

If the judge fails to grasp “crypto,” Hogan predicts an appeal by Ripple. However, a defeat in the district court would not be a “dagger in the heart,” as the Howey test is merely outdated and would need an upgrade by an appellate judge or the Supreme Court.

At press time, the XRP price stood at $0.5214 and was rejected at the first resistance level at $0.5297.

Ripple XRP price
XRP price, 4-hour chart | Source: XRPUSD on TradingView.com
Featured image from TechCrunch, chart from TradingView.com
Editorial Process for bitcoinist is centered on delivering thoroughly researched, accurate, and unbiased content. We uphold strict sourcing standards, and each page undergoes diligent review by our team of top technology experts and seasoned editors. This process ensures the integrity, relevance, and value of our content for our readers.
ShareTweetShareShare

Sign Up for Our Newsletter!

For updates and exclusive offers enter your email.

I consent to my submitted data being collected and stored.
Jake Simmons

Jake Simmons

Follow

Jake Simmons has been a Bitcoin enthusiast since 2016. Ever since he heard about Bitcoin, he has been studying the topic every day and trying to share his knowledge with others. His goal is to contribute to Bitcoin's financial revolution, which will replace the fiat money system. Besides BTC and crypto, Jake studied Business Informatics at a university. After graduation in 2017, he has been working in the blockchain and crypto sector. You can follow Jake on Twitter at @realJakeSimmons.

Full Profile

Related Posts

XRP

XRP And DeFi: The Roadmap That Tells It All

3 days ago
Ripple

Ripple Vs. SEC Battle Update: Lawsuit Officially Over As $125M Receipt Of Payment To Regulator Surfaces

4 days ago
ripple xrp xrpusd

Altcoin Selloff Hits XRP: Analysts Say Lawsuit No Longer the Key Factor

5 days ago
Ripple

Ripple Meets With US And US Government To Talk Crypto – Here’s What Happened

1 week ago
Ripple

XRP News: What SWIFT’s ISO 20022 Announcement Means In Its Race With Ripple

1 week ago
Ripple

Ripple’s Technology Powers New Deal With DBS Bank And Franklin Templeton

1 week ago

Premium Sponsors

Press Releases

  • 上線倒計時:僅剩25天可搶購 Snorter Bot 代幣

    2 days ago
  • 加密錢包掀起發幣熱潮 Best Wallet...

    4 days ago
  • Bitcoin Hyper

    ChatGPT предсказва следващата 1000x...

    5 days ago
  • Snorter надхвърли $4 милиона след...

    6 days ago
  • Experience the Next Chapter of Pickleball with the $PKL Token Presale.

    Experience the Next Chapter of Pickleball with the $PKL...

    1 week ago

Bitcoin news portal providing breaking news, guides, price analysis about decentralized digital money & blockchain technology.

Bitcoin

  • News
  • Price
  • Businesses
  • Acceptance
  • Technology
  • Investment
  • Regulation
  • Reviews

Altcoins

  • News
  • Price
  • Ethereum
  • Ripple
  • Litecoin
  • EOS

Categories

  • Blockchain
  • Security
  • FinTech
  • Technology
  • Trending
  • Breaking News
  • Press Releases
  • How to

About Us

  • Advertise
  • Contact us
  • Editorial Policy
  • Privacy Policy
© 2025 Bitcoinist.com. All Rights Reserved.
  • Bitcoin
    • News
    • Price
    • Businesses
    • Acceptance
    • Technology
    • Investment
    • Regulation
    • Reviews
    • All Bitcoin News
  • Altcoins
    • News
    • Price
    • Ethereum
    • Ripple
    • Litecoin
    • EOS
    • NAGA
    • All Altcoin News
  • Tech
    • Blockchain
    • Security
    • FinTech
    • Price
      • Bitcoin Price
      • Ethereum Price
      • Binance Coin Price
      • Litecoin Price
  • Industry
    • Industry News
    • Press Releases
  • How to
    • Buy gift cards/mobile Top Ups with Cryptos
    • What Is Bitcoin?
    • Best Bitcoin Wallet
    • Bitcoin vs Ethereum
    • Why Use Blockchain Technology?
    • Bitcoin Cash ABC vs. Bitcoin Cash SV
    • How to Buy Cryptocurrency
    • How to do Crypto Gambling
      • Crypto Casinos
      • Crypto Betting
    • Play Crypto Games
      • Crypto Poker
      • Crypto Slots
      • Crypto Blackjack
      • Crypto Crash Gambling
      • Plinko
    • Bitcoin Mining
    • Best Bitcoin Brokers
    • Best Bitcoin Forex Brokers
    • How To Earn Bitcoin
    • What is Facebook Libra?
    • Ripple and XRP: The Complete Guide
  • Events
  • Play Games
Advertise

© 2025 Bitcoinist. All Rights Reserved.

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy Center or Cookie Policy.